Articles

Arizona Criminal Defense Attorney

Out-of-State DUI Attorney in Phoenix

With Arizona being a prime destination for recreation, tourism, and significant sporting events (like the 2023 World Series game featuring the Arizona Diamondbacks and Texas Rangers), many out-of-state visitors enjoy local bars, events, and sports games. Unfortunately, some might end up facing DUI charges in Arizona, a state known for its severe DUI penalties. Being charged with a DUI in Arizona can be stressful, especially if you are an out-of-state visitor and unfamiliar with the local laws. Having an experienced DUI attorney by your side can help ensure your rights are protected during these tough times.

If you have been charged with a DUI, it is important that you consult with a DUI attorney. When working with our law firm, you will have an experienced attorney who will provide an aggressive representation so that you can have the best chance to get your case resolved. We offer free consultations to help you determine what your next steps need to be.

The Challenge of Facing an Out-of-State DUI

Getting arrested for a DUI in your home state is distressing, but being detained in Arizona when you reside elsewhere amplifies the stress. Apart from facing unfamiliar laws and processes, you're also dealing with these challenges away from your home and support system.

It's crucial for defendants to realize that Arizona's DUI laws rank among the strictest in the U.S. However, being arrested does not guarantee a conviction. Prosecutors must prove their case beyond a reasonable doubt, ensuring every aspect of the DUI is confirmed convincingly.

Arizona DUI Laws

In Arizona, a standard first-time DUI usually involves a blood alcohol concentration of 0.08% or higher. But DUI charges can also arise if you're driving and seem even slightly impaired by any substance. An officer can arrest you for appearing "impaired to the slightest degree." Typically, a DUI scenario starts with a traffic stop or if you're spotted in a parked car. While you can refuse a field sobriety test, declining a breath test could result in a one-year license suspension.

Criteria for Considering an Out-of-State DUI Conviction in Arizona:

When facing DUI charges in Arizona, your history plays a pivotal role in determining potential consequences. Specifically, if you have a DUI conviction from another state, it can substantially influence the course of your new DUI case in Arizona. However, for this prior conviction to have an impact, certain criteria related to the laws of both states must align.

Compatibility with Arizona's DUI Law:

  • Arizona has its own set of regulations and definitions regarding DUI offenses. For a prior DUI conviction from another state to be relevant in a new Arizona DUI case, the laws under which you were convicted must mirror or be very similar to Arizona's.
  • This compatibility ensures that you're being held accountable for the same (or very similar) crime, maintaining fairness and consistency in the legal process.
  • For example, if Arizona defines DUI as driving with a blood alcohol content (BAC) of 0.08% or higher, and your prior conviction was in a state with a different BAC limit, it might not be deemed compatible.

Distinct Laws and Their Implications:

  • Each state has the autonomy to set its own DUI standards and penalties. If the DUI law of the state where your previous conviction occurred is markedly different from Arizona's, it might be excluded from consideration during sentencing in Arizona.
  • The rationale behind this is to ensure that defendants are not penalized more severely based on laws that Arizona does not recognize or enforce.
  • For instance, if a state had more lenient DUI thresholds or different categories of DUI offenses that don't exist in Arizona, such prior convictions might not influence the new case.

Penalties for Out-of-State DUI Charges in Arizona

In Arizona, known for its stringent DUI regulations, the penalties for out-of-state DUI offenses are particularly severe. Visitors facing DUI charges in the state not only grapple with unfamiliar laws but also face the potential of hefty penalties that extend beyond their time in Arizona. Here is a breakdown of the possible consequences after conviction of a DUI charge in Arizona:

  1. Fines & Fees: Those convicted can face extensive court fees, penalty fees, and jail costs. These fines are exclusive to Arizona, meaning they can't be contested or appealed in your home state.

  1. Jail Time: Jail sentences for DUIs can extend up to 45 days. While most people serve their sentences in Arizona, there are cases where the sentence can be moved to the convict's home state. However, this transfer isn't guaranteed, can be complex, and the individual will bear any associated costs.

  1. Interstate Information Sharing & Its Effects: Through the Interstate Driver's License Compact, states share data on traffic violations. If you're convicted of a DUI in Arizona:
  • Arizona can suspend your driving rights within its borders.
  • Your home state, upon receiving this information, may decide to impose additional penalties or restrictions on your license.

  1. Ignition Interlock Device (IID) Requirement: If you're allowed to reinstate your license after a DUI suspension, you might be mandated to install an IID:
  • This device requires a breath sample to start the car, ensuring the driver isn't under the influence of alcohol.
  • The results from the IID are recorded for future review.
  • Even if the device is installed in another state, the Arizona Motor Vehicle Department must receive the results.

Why Choose The Nava Law Firm For Your DUI Defense?

Driving under the influence (DUI) charges can be daunting and, if not dealt with appropriately, can have lasting consequences on one's personal and professional life. However, having the right legal representative can make a world of difference. Enter the Nava Law Firm in Phoenix, Arizona – your go-to DUI defense strategist with an impeccable record of safeguarding defendants' rights.

Here is why The Nava Law Firm stands out from the others:

  • A Reliable Track Record: Armando Nava is highly experienced in DUI defense. He's successfully defended hundreds of cases, showcasing his vast expertise and commitment to every client he serves.

  • Familiarity Across Courts: Whether you're summoned to the Justice, City, or Superior Court, Nava Law Firm's experience spans across all these areas. They are well-equipped to handle the unique intricacies of each court system.

  • Rigorous Legal Training: It's not just about the number of cases handled but also the depth of knowledge one possesses. Armando Nava has committed himself to hundreds of hours of specialized legal training, ensuring he remains at the forefront of DUI defense strategies.

  • Strategic Analysis: One of Nava Law Firm's key strengths lies in its ability to discern the prosecution's weak points. This in-depth knowledge has been instrumental in shaping robust defenses for many of their clients.

  • Mastery Over Forensic Science: In DUI cases, evidence often pivots on forensic details. Armando Nava's extensive training in forensic science empowers him to challenge, contest, and counter such evidence effectively.

  • Collaboration with Experts: No lawyer is an island. Recognizing the value of collective expertise, Nava Law Firm collaborates with some of Arizona's best experts, from toxicologists to accident reconstruction specialists, ensuring every aspect of your defense is rock-solid.

Armando Nava believes in the power of personalized attention. He understands that every DUI case is unique and every defendant deserves focused, bespoke defense strategies. His client-centric approach ensures that you're not just another case number; you're an individual whose rights are worth defending.

Contact An Experienced DUI Attorney

Experience DUI charges can be daunting, especially as an out-of-state visitor. It's crucial to understand how Arizona views out-of-state DUI convictions to prepare for potential outcomes and challenges. If facing such circumstances, seeking the expertise of a knowledgeable DUI attorney can be invaluable. At the Nava Law Firm, our team is dedicated to helping and representing you. You will have an experienced attorney who will provide an aggressive representation so that you can have the best chance to get your case resolved.

‍Our firm primarily serves the areas of Phoenix, Scottsdale, Chandler, Glendale and other areas around Arizona. If you are in need of an experienced DUI attorney in Maricopa County, please contact us today to schedule your free case evaluation.

Armando Nava's Criminal Defense expertise has been featured in the following publications:
ABC 13 logo az central logofox 10 Phoenix logoAZ mirror imagePhoenix New Times logo
5 star review
Manuel Vasquez

Armando is best attorney hands down! Awesome ways of communicating with me utilizing multiple forms of communication like his portal/phone/ or text! He also will always try to find the best deals for you possible. Lastly, very resourceful as to who he can verify you with for different services/needs if he’s not able to help you with something!

Google Logo
5 star review
Joan Espinoza

If I could give Armando Nava more than a 5 star review I would do it in a heart beat. I have known him for a while now and he is someone I genuinely respect and admire. He is there for you no matter how hard or easy your case is, he does not judge you, and he does everything in his power to make the client satisfied.

Google Logo
5 star review
Aramis

I am writing this review almost a year after my charge (that I thought was going to do a year in jail) was dismissed. Armando has been very transparent and always available. I still ask him for legal advice even after my case was finished and he always helps. He will be a great ally for you and has been a dear friend for me.

Avvo Logo
desert outside phoenix, Sonoran Desert
Image of Arizona
Have A Case In Arizona?
FREE CONSULTATION
Expertise
Top 40 Under 40 Badge10 Best Client Satisfaction Award for Nava Law
Lead Counsel VerifiedExpertise
Copyright © 2024 Nava Law. All rights reserved.
Designed by:
Lab Coat Marketing
PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Accusation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Accusation:
Aggravated Assault w/ a Deadly Weapon
Case Result:
Reduced to a misdemeanor

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.